Shamokin health insurance records fight goes to court [The News-Item, Shamokin, Pa.]

June 15--SHAMOKIN -- The city will go to county court in fighting a request to reveal the cost of health insurance for its elected officials.

Northumberland County Commissioner Stephen Bridy said he received a letter from the city last week informing him of the appeal of a state Office of Open Records (OOR) ruling that said the city had to disclose the information.

The ruling gave the city until June 7 to provide the records to Bridy, who originally requested the information Feb. 20 under the state's Right-to-Know Law (RTKL). It was denied by the city six days later, prompting Bridy's appeal to the state.

Agencies that don't respond to an OOR ruling must argue the case in county court.

"It doesn't matter if it's the county or an individual (making the request), legally it's not a HIPAA (Health Insurance Portability and Accountability Act) violation" to reveal the information, Bridy said Friday.

Appeal

He said the city has also claimed the commissioner's request is redundant, noting it was the fifth one of its kind from county officials. However, Bridy said he wasn't acting as a county official, but as a private citizen, therefore it shouldn't matter who else requested the information before him.

Also, he said, while he used county resources to make the request, he was doing so as a private citizen and has reimbursed the county for the costs.

"Why they're stonewalling us on something we (the county) release 365 days a year is beyond me," Bridy said.

Steve Bartos, the city's Right-to-Know officer, denied the request by Bridy and earlier ones from fellow Commissioner Vinny Clausi, citing privacy regulations. Bartos has cited opinions by the city's health care provider and a representative of U.S. Health and Human Services that he said supported the denial.

But Benjamin A. Lorah, OOR appeals officer, found the city erred in citing those exemptions. The city is not a covered entity under HIPAA, and that law does not apply to the requested records, Lorah said in his May 8 ruling.

The requested records apply specifically to the benefit costs and not to individually identifiable health information, he said, and therefore is not exempt. Any information that may identify an individual's health information can be redacted by the city from the requested records.

Bridy said he plans to hire attorney John Muncer, Sunbury, to represent him in the case.

"In the event we win, we will request the city of Shamokin reimburse the costs (associated with the appeals)," he said.

Bartos and Mayor George Rozinskie could not be reached Friday for comment.

On behalf of 3 residents

Bridy and Clausi believe the city is paying considerable money to have elected officials covered under the city health care policy. Clausi questions such spending considering the city for five straight years has been granted court approval to raise property taxes above the limit prescribed by law. He also cites the city's ongoing yearly struggle to pay for costs associated with operating its public pool.

Bridy and Clausi said they sought the records on behalf of three city residents who wished not make the requests themselves. The residents fear retribution, the commissioners said.

Group benefits for council members, the mayor, controller, solicitor, community development officer and a secretary are lumped into one line item in the 2013 budget, according to Bartos. It totaled $121,901 for health, life and vision.

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